9000 - Facilities

9120 Bidding For Construction Work

The board strives to obtain high quality services at a reasonable price through the bidding process employed by the school system.

A. STANDARDS FOR PARTICIPATION IN CONSTRUCTION CONTRACTS

All contracts formally or informally bid will be awarded to the lowest responsible and responsive bidder, taking into consideration quality, performance, reliability and the time specified in the bids for performance of the contract.

The board prohibits discrimination against any person or business on the basis of race, color, ethnic origin, sex, disability or religion. The superintendent is required to conduct contracting and purchasing programs so as to prevent such discrimination.

The superintendent, on behalf of the board, must certify that good faith efforts have been made to increase the participation in construction contracts by minority businesses, as required by policy 9125, Participation by Minority Businesses.

The board will grant a North Carolina resident firm providing architectural, engineering, surveying or construction management at-risk services a preference over a nonresident firm, if the home state of the nonresident firm has a practice of granting a preference to its resident firms over North Carolina resident firms. Any preference granted to a resident firm will be in the same manner, on the same basis and to the same extent as the preference granted by the nonresident firm’s home state. The school system’s bid documents will require that nonresident firms disclose and describe any construction contract preferences granted by the firm’s home state.

B. BIDDING METHODS

The board may request bids for contracts for building projects using either single prime, multi-prime (separate prime), construction management at-risk or dual bidding methods, as permitted by law. The superintendent shall make a recommendation to the board as to the method(s) that should be used for a particular project.

If the superintendent believes the project cannot be reasonably completed under the methods authorized by G.S. 143-128, the superintendent shall so inform the board and make the recommendation to the board that it approve the use of alternative methods. Upon board approval, the superintendent shall submit to the State Building Commission a request to use an alternative contracting method along with supporting documentation.

C. FORMAL BIDDING

Construction and repair work requiring the estimated expenditure of $500,000 or more will be advertised for bid and will be awarded through formal bidding procedures. Dividing contracts to lower the expenditure amounts so as to evade these requirements is prohibited. The superintendent shall establish formal bidding procedures consistent with this policy and applicable law and make the procedures available to all bidders or potential bidders.

D. INFORMAL BIDDING

Informal bids will be obtained for construction and repair contracts between $30,000 and $500,000. Quotations from contractors may be solicited by telephone or in writing. Informal bids are recommended, but not required, for construction and repair work costing less than $30,000.

Dividing contracts to lower the expenditure amounts so as to evade the informal bidding requirements is prohibited. The superintendent shall develop informal bidding procedures consistent with this policy and applicable law and make the procedures available to all bidders and potential bidders.

E. APPROVAL

Following the opening of bids for formally bid construction and repair work, the architect and the administrative staff shall conduct a full review of all bids for accuracy and completeness and shall prepare recommendations to be considered by the board. The board will convene as a committee of the whole to consider any alternates or any proposed reasonable changes in the plans and specifications as may be necessary to bring the contract price within the funds available. Before any formally bid construction contracts are awarded, they must be reviewed by the board attorney. The actual awarding of a contract will take place at an officially constituted board meeting to be held after the completion of the staff and board reviews, and that meeting, except in emergencies, will be no less than one day after the receipt of bids. Awarding of a contract could take place at the same meeting as the board review session.

The superintendent shall consult with the board attorney in developing standard form contracts for informally bid construction projects. Board approval of informally bid projects is not required, unless otherwise directed by the board on specific projects.

F. RECORDS AND REPORTING REQUIREMENTS

Records of all informal or formal bids received will be maintained and will be available for public inspection. Such records should include the date the bid is received, from whom it is received, and what project it is for. The records will document why the selected contractor was the lowest responsive, responsible bidder if the contractor was not the low bidder.

Each year by April 1, the superintendent shall submit to the secretary of the Department of Administration a report on the cost and effectiveness of each construction method used by the board during the previous year. The superintendent also must submit required reports to the State and provide reports to the board on the progress being made towards reaching the board’s goals.

G. DISPUTE RESOLUTION PROCESS

The board establishes the following dispute resolution process to resolve issues arising out of construction and repair projects or contracts related to such projects. The dispute resolution process may be used by any party involved in the construction project for those disputes in which the amount in controversy is at least $15,000.

Prior to initiating litigation concerning a dispute, parties to the dispute must do the following: (1) submit the dispute for review by the superintendent or other designated school official and the project architect, as appropriate, and (2) participate in mediation, if the matter cannot be resolved by school officials and the architect. The cost of the dispute resolution process will be divided between the parties to the dispute. If the board is a party to the dispute, the board will pay at least one-third of the cost.

Legal References:
G.S. 115C-521, -522; 143-64.31 and -128 to -135
Cross References:
Participation by Women- and Minority-Owned Businesses (policy 9125)
Adopted:
Monday, 12 December 2011
Last Updated: